Texas & Pacific R'y Co. v. Mallon
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. A. J. Booty. Frank Mallon, the appellee, and plaintiff in this case in the court below, instituted this suit against the Texas & Pacific Railway company to recover a sum of money as compensation for personal injuries received by Mm in a collision between two freight trains on defendant’s road a short distance east of Hallville, a station on defendant’s road, on the 6th of December, 1881, between one and two o’ clock a. m.
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Appeal from Harrison. Tried below before the Hon. A. J. Booty. Frank Mallon, the appellee, and plaintiff in this case in the court below, instituted this suit against the Texas & Pacific Railway company to recover a sum of money as compensation for personal injuries received by Mm in a collision between two freight trains on defendant’s road a short distance east of Hallville, a station on defendant’s road, on the 6th of December, 1881, between one and two o’ clock a. m. The colliding trains were Ko. 9 going west, and Ko. 10 going east, both freight trains. Mallon was fireman on train Ko. 10.…
1Opinion of the Court
Robertson, Associate Justice.
The first assignment of error complains of the action of the court in overruling appellant’s motion *117for a contimiance. The order of the court overruling this motion was entered in the minutes, and the exception is there noted. This minute of the proceedings in the court below did not make the application for continuance a part of the record. Under rule 55, the action of the court upon motions for continuance can be revised here only when exception is reserved and presented in a proper bill. As no such exception was taken in this case, this assignment of error…
2Cited by21 opinions
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